Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:08-cv-00415-EJD

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Filed 09/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HORN & ASSOCIATES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-415C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests the Court to grant an enlargement of time of 31 days, to and including October 20, 2008, within which to file our response to the complaint. Our response is due on September 19, 2008. This

is our second request for an enlargement of time for this purpose, the Court having granted an enlargement of 45 days. Counsel for plaintiff, Horn & Associates, Inc. ("Horn") has authorized us to state that Horn does not oppose this motion, but that Horn does not intend to consent to any further enlargements. Counsel for the United States has very recently received a draft response from agency counsel, but substantial research will be required before a draft response can be completed. The

complaint is very large (156 paragraphs) and many facts must be double-checked. In addition, research concerning possible

affirmative defenses has been begun, and must be completed. The full enlargement of time requested is needed. Time is

needed to gather further information to respond to the more than 150 paragraphs in the complaint. In addition, time is needed for

Case 1:08-cv-00415-EJD

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the drafting of a response to the complaint, and for review of the draft response by agency counsel and by supervisors at the Department of Justice. For the reasons set forth above, we respectfully request that the Court grant our unopposed motion for an enlargement of time. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director S/Bryant G. Snee BRYANT G. SNEE Deputy Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W. Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 September 16, 2008 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on September 16, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this

filing will be sent to all parties by operation of the Court's electronic filing system. the Court's system. S/ James W. Poirier Parties may access this filing through